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(영문) 수원지방법원 안산지원 2015.08.19 2015고정36

업무방해

Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

Around July 9, 2014, the Defendant alleged to the effect that there was no fact that the Defendant had found the victim’s dance institute at the time of temporary closure. However, according to the investigation records Nos. 5, 13, 26, 148, the Defendant can be sufficiently recognized.

The dance institute operated by the victim D in 204, 205, Ansan-si, the members of Ansan-si, operated by the victim D, opened the door and intruded on the victim's structure.

Summary of Evidence

1. Legal statement of witness D;

1. Each police statement concerning D;

1. The judgment of the Supreme Court Decision 2007Do1132 Decided May 8, 2008 ruled that "the crime of intrusion upon residence is de facto a legal interest protected by the law of peace in residence. Thus, the establishment of crime does not depend on whether a resident or a guard has the right to reside in a building, etc., and even if a person has no right to possess it, peace in residence should be protected. Thus, if a right holder intrudes a building without following the procedure prescribed by the Act in exercising his/her right, the crime of intrusion upon residence shall be established." According to the above real estate lease contract (section 6 of the investigation record) and the photograph of a notice notice (section 8 of the investigation record) and the content of the content certification (section 183 of the investigation record) as of July 20, 2014, the above facts charged are found guilty.

Application of Statutes

1. Article 319 (1) of the Criminal Act applicable to the crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;